Privilege

The obligation to disclose, or "discover", documents during the litigation process is a necessary, albeit burdensome part of the litigation process. A party to litigation is under a continuing obligation to the other parties to disclose at the appropriate stage in the proceedings all documents within their control (including video/ audio records and electronically stored information) which: (i) that party relies on; (ii) adversely affects that party's own case; (iii) adversely affects the opponent's case; or (iv) supports the opponent's case. Accordingly, from the outset of the litigation, all documents that could conceivably be relevant to the case will need to be retained.

Pursuant to Rule 6/17(1) of the Royal Court Rules 2004 ("RCR") (Discovery and inspection of documents), the Court may order: